View full sizeJohn O'Boyle/The Star-LedgerScott Harris, a former cowboy actor at Wild West City in Byram, was accidentally shot by another actor who had loaded his gun with live bullets instead of blanks in 2006.

BYRAM — Sussex County officials dismissed criminal charges today against the owner of a Western-themed amusement park, reaching a deal that ends nearly six years of legal wrangling after a skit gone wrong left a cowboy actor shot and partially paralyzed.

In return, Wild West City pleaded guilty to a single weapons charge and agreed to continue enforcing gun-safety measures that have been in place since the 2006 accident.

Michael Stabile, an owner of Byram theme park, entered the plea in Superior Court in Newton on behalf on the company, Western World Inc. The plea to unlawful possession of a handgun without a carry permit, will keep Stabile, 62, and his park manager, Nathan McPeak, 57, out of jail.

"It was never a primary goal of the state to impose a jail sentence in connection with this case," Sussex County First Assistant Prosecutor Gregory Mueller said.

Stabile, 62, who was originally charged with aggravated assault, faced up to 10 years in prison. The case was scheduled to go to trial this week. McPeak had been charged with firearm violations and conspiracy and faced up to five years in prison.

As part of the plea, Western World acknowledged transferring three handguns to actors who did not have carry permits. The actors then used the guns during a dramatization at the theme park on July 7, 2006.

The skit ended tragically when re-enactor Scott Harris was shot in the forehead. Harris, now 43, playing the part of frontier lawman Wyatt Earp, was shot by a DeSean Sears, a 17-year-old actor who loaded his .22-caliber handgun with live bullets instead of blanks. Sears used bullets that had been left in a lockerroom by Adalberto Morales, who brought two boxes of ammunition to the park. One had blanks and one had live rounds, which he had fired at a shooting range earlier in the day.

Sears pleaded guilty in 2007 to causing bodily injury with a deadly weapon and served a six-month probationary sentence. Morales entered into the state’s pretrial intervention program, which is for nonviolent, first-time offenders.

After several days of negotiations, prosecutors agreed to recommend a one-year probationary term for Western World when it is sentenced June 15 in Newton, Mueller said.
Kathi-Jo Unangst, Harris’ fiancee, said both she and Harris were satisfied with the agreement.

"We’re glad this is finally over and we can move forward," she said.

Western World, which also faces a fine of up to $45,000, put in place safety measures after the incident, which Mueller said include:

• A ban on all live ammunition at the park, which entertains thousands of school children annually, and a ban on all weapons that can shoot live ammo;

• Cowboy actors are only permitted to shoot blank-only guns;

• Blank ammunition and all weapons must be located in one designated area at the park;

• The park must have a designated safety officer and will undergo random testing.

"From the beginning, the state has had two goals," Mueller said. "One is that Wild West take responsibility for what happened to Scott Harris and the other is improved safety at the park."